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Freedom of establishment

In: Research Handbook on EEA Internal Market Law

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  • Hafsteinn Dan Kristjánsson

Abstract

The chapter discusses the freedom of establishment in EEA law, that is the free movement of self-employed persons and companies. The focus is on Article 31 EEA, Article 33 EEA, and Article 34 EEA, as they have been interpreted and applied in the EFTA Court’s case law. Article 32 EEA and Article 35 EEA will also be discussed. The emphasis is on the scope of the right to establishment and the conditions for justifying restrictions of it. In light of the analysis, the chapter suggests that the concept of restriction can be fruitfully understood in light of a fair market test.

Suggested Citation

  • Hafsteinn Dan Kristjánsson, 2025. "Freedom of establishment," Chapters, in: Graham Butler (ed.), Research Handbook on EEA Internal Market Law, chapter 6, pages 94-127, Edward Elgar Publishing.
    • Handle: RePEc:elg:eechap:21527_6
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    File URL: https://www.elgaronline.com/doi/10.4337/9781803922461.00017
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    Keywords

    Law - Academic;

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